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Apr 22, 2013
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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Apr 22, 2013
04/13
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. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i don't think we have to cross the line and say he's an enemy combatant which could be challenged in court. one circuit rules one way, one rules the other way. >> we should reserve the right to look at him as an enemy combatant and continue to look for evidence and if we find evidence and go to him as chuck says and gather intelligence. >> now the suspect's mother says tamer lan was contacted by fbi. the fbi says that is not true but the fbi did interview him in 2011 at the request of the russian government. officials are focusing on a trip he made to russia in 2012. sky news's katie stallard ha
. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i...
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Apr 22, 2013
04/13
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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Apr 22, 2013
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they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect
they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still...
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Apr 22, 2013
04/13
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FBC
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after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot th
after an initial appearance before a federal magistrate from his hospital bed, where he was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful...
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Apr 22, 2013
04/13
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do we know anything more about whether he has or has not been read his miranda rights? >> if he has been charged he probably has been. but it sounds like they delayed that. there was a public safety exception where they can question him about are there other devices planted elsewhere? under this public safety exception they could ask him about that without giving him those rights. >> i think -- let me finish up. i'm going to give you credit. what you were saying was very important. whether or not this will be a local case or this is going to be a military court. the fact is by charging him in massachusetts, they are saying we have enough evidence in a court which will be highly visible. they believe they can make a ca case. >> this is a big point when people were saying did he get the rights or not? there is so much other evidence. >> evidence that they can use. >> which we're going to talk about in a minute. >> we're going to take a quick break and come back and talk about this. tsarnaev has been charged of using a weapon of mass destruction. more on that right after t
do we know anything more about whether he has or has not been read his miranda rights? >> if he has been charged he probably has been. but it sounds like they delayed that. there was a public safety exception where they can question him about are there other devices planted elsewhere? under this public safety exception they could ask him about that without giving him those rights. >> i think -- let me finish up. i'm going to give you credit. what you were saying was very important....
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Apr 22, 2013
04/13
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he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attornaney he doesn't have to tt if he dorcsnk means are limited means interrogators have at their disposal to make him do so. >> the 4cmhour t
he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were...
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Apr 22, 2013
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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Apr 22, 2013
04/13
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FBC
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. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most people don't don't have the right to remain silent. so you, government, fbi or travel cup have to tell whoever you are interrogating they have the right to remain silent. that is what is not being honored, from what we understand. whatever he said could affect other evidence that independently obtained. it is risky not to read miranda rights and a violation of the constitution not to do so. so the government treads in danger when they try to strike information and somewhere we will not use that against the defendant. tracy: the emotional side of me says too bad. speak of
. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most...
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Apr 22, 2013
04/13
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CURRENT
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 22, 2013
04/13
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>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an argument that's going to be handed to this defendant's defense attorney when that time comes. there have been contradictory statements made that there is no public threat, there is no ticking bomb, thank goodness, apparently, based on what we know so far. so we're giving them an argument to use later. >> the issue is, the questioning that's permitted without miranda is very narrow in scope, correct? >> yes. it's about what the public threat is. it's not all of theasis and the background and the motive questions. >> that's what brings me to this issue that's percolating in washington now. there are some nationa
>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an...
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Apr 22, 2013
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. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot f
. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the...
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Apr 22, 2013
04/13
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is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and i'm speculating, you
is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he...
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Apr 22, 2013
04/13
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that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration...
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Apr 22, 2013
04/13
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. >>> no questions before his miranda warnings would be admission i believe in court. prosecutors say they have plenty to convict him. keeping in mind he is a u.s. citizen with all the same rights as anymore else. dzhokhar tsarnaev is waking up answering investigators in writing. they are questioning him as an enemy combatant. >> i want the intelligence to save american lives. that can only be done effectively if he is treated as an enemy combatant. >> they don't need his confession to get him into trial. i think we don't have to cross the line. >> this morning, lots of questions about why the fbi didn't do more after inquiries about the older tsarnaev with radical groups. zi want to know how the fbi dropped the ball. we are at war with radical islamists and we need to up our game. >> tamerlan tsarnaev spend six months in russia. they interviewed him before he left. >> i want to know why after he was interviewed and after a foreign intelligence service raises the flag on the individual why he was allowed to travel abroad. >> some lawmakers insist the fbi did as much as
. >>> no questions before his miranda warnings would be admission i believe in court. prosecutors say they have plenty to convict him. keeping in mind he is a u.s. citizen with all the same rights as anymore else. dzhokhar tsarnaev is waking up answering investigators in writing. they are questioning him as an enemy combatant. >> i want the intelligence to save american lives. that can only be done effectively if he is treated as an enemy combatant. >> they don't need his...